The birth of a child is one of the most joyous occasions in a person’s life. Parents have the right to expect that every precaution will be taken to ensure the mother’s and baby’s health and safety during the labor and delivery process. Unfortunately, this does not always occur, and…
Articles Posted in Medical Malpractice
Common Emergency Room Errors
Emergency rooms are frequently chaotic environments. Patients are rushed in for emergency treatment for serious injuries or illnesses. As a result, doctors and nurses are responding quickly to patients’ needs and performing emergency procedures. However, due to the fast-paced environment of emergency rooms, errors are frequently made, causing patients further…
New York Court Explains the Distinction Between Medical Malpractice and Ordinary Negligence
Medical malpractice claims typically sound in negligence. There is a difference between ordinary negligence and negligent acts committed in the course of offering medical care, though, and the failure to recognize the distinction prior to instituting a lawsuit can have negative consequences. For example, in a recent New York case,…
New York Court Explains What Evidence Is Needed to Prove a Doctor’s Negligence Caused a Patient’s Harm
Breast cancer is a devastating illness that impacts many women. As such, it is recommended that women undergo regular breast cancer screenings. Even if a woman submits to such tests, they may nonetheless develop cancer. Whether a doctor’s failure to conduct more frequent screenings to prevent cancer from progressing constitutes…
New York Court Examines Federal Jurisdiction Over Medical Malpractice Claims
A plaintiff that wishes to pursue medical malpractice claims generally has the right to determine where to file their case. There are limitations to this general right, however. Specifically, the court must have the authority to exercise jurisdiction over a medical malpractice case, and if it does not, the case…
New York Court Examines Requirements for Pursuing Medical Malpractice Claims Against Federal Employees
The federal government funds many medical facilities in New York; as such, the healthcare providers that work in such facilities are often considered federal employees. Whether a physician works for a private or public corporation matters, in part, if the physician engages in behavior that constitutes malpractice, as it impacts…
New York Court Discusses Statutes of Limitations for Medical Malpractice and Wrongful Death Claims
People that suffer losses due to medical malpractice have the right to pursue claims against the healthcare providers responsible for their harm. They must file any claims within the applicable statute of limitations, though; otherwise, they might waive the right to recover damages. While the courts strictly construe statutes of…
New York Court Explains Establishing Liability for Inadequate Post-Surgical Care
After people undergo surgical procedures, it is critical that they receive appropriate care. Thus, if healthcare providers fail to take the post-surgical measures necessary to prevent them from developing infections and other complications, they may be liable for medical malpractice. The standard of care imposed on medical professionals providing post-operative…
New York Court Explains COVID-19 Related Tolling of the Statute of Limitations in Medical Malpractice Cases
The COVID-19 pandemic altered many aspects of everyday life, including the manner in which medical malpractice cases are litigated. Specifically, among other things, it generally increased the length of time parties had to pursue claims against negligent medical professionals. In a recent opinion issued in a medical malpractice case, a…
New York Court Examines the Continuous Treatment Doctrine
People harmed by negligent medical care have the right to pursue medical malpractice claims against their providers, but they must act promptly; otherwise, their claims may be dismissed as untimely. Specifically, under New York law, medical malpractice lawsuits must be filed within two years and six months of the date…